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Questions Answered by Bill Powers
1 Answer | Asked in Wrongful Death for North Carolina on
Q: Can I open my son's estate if his wife won't
Bill Powers
Bill Powers answered on Sep 9, 2019

THAT'S A REALLY GOOD QUESTION

A lot depends on the nature and circumstances of why that hasn't yet happened. Parents MAY in certain circumstances be eligible to file the estate.

It would be smart to find out if there is a will too.

Estates can be a bit complicated....
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2 Answers | Asked in Traffic Tickets for North Carolina on
Q: In ref the estate of a man who got many parking tickets over many years. Must the estate pay for very old tickets?

Is it possible that a judge might give us a bulk discount? The man died intestate, demented, and in deep poverty, in Craven Co. North Carolina.

Maybe I should have been more specific. We know there's enough money to bury him, and that has priority. But whether there's money beyond that is... Read more »

Bill Powers
Bill Powers answered on Sep 9, 2019

GREAT QUESTION

Actually, there is a process by which outstanding legal matters may be possibly dismissed. In fact, the statute says, the charges "must dismiss" the charges.

See: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_15A/GS_15A-954.pdf...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Will the death penalty be abolished in Raleigh NC soon? If so when?
Bill Powers
Bill Powers answered on Dec 11, 2018

The last person executed in North Carolina was Samuel Flippen, put to death Aug. 18, 2006, for the murder.

It's possible Flippen forever will remain the last person executed in North Carolina. Capital punishment in North Carolina, while it remains on the books, is rarely enforced....
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1 Answer | Asked in Wrongful Death for North Carolina on
Q: A doctor contributed to my son's death by overprescribing Oxycodone. Can I post this on a public forum legally?
Bill Powers
Bill Powers answered on Nov 29, 2018

First, my heart goes out to you. I can only imagine how difficult it must be to live with your loss.

That being said, I think it would be better to speak with an attorney before posting something on a public forum and possibly subjecting yourself to civil claims for libel....
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2 Answers | Asked in DUI / DWI for North Carolina on
Q: Is there any kind of break for someone if they get a DUI, but they need to drive to make any kind of income?
Bill Powers
Bill Powers answered on Oct 31, 2018

GOOD QUESTION

There isn't really a sense of "equitable relief" based on financial circumstances (and the need to work), at least regarding the ability to drive. Put simply, one is either eligible under the NC DWI laws or not eligible.

A LOT depends on the nature and circumstances...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: I'm on probation for 2 felonies and 3 misdemeanors..I just caught another felony charge of same crime, what happens?

Its same felony I'm already on probation for..what's gonna happen??

Bill Powers
Bill Powers answered on Sep 26, 2018

That's serious stuff. More information would be helpful, especially regarding the type of felony charges in North Carolina. . .and whether the charges are in North Carolina. The inquiry is from Georgia.

Here are two quick points:

1. The allegations of new NC criminal charges...
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2 Answers | Asked in Criminal Law and Traffic Tickets for North Carolina on
Q: I am on felony probation I got a dwlr yesterday will that violate my probation

None

Bill Powers
Bill Powers answered on Sep 14, 2018

It could. DWLR is a misdemeanor criminal offense. An experienced defense lawyer would want to find out the basis of the license suspension and terms of the Supervised Probation.

Given the complexity of such matters, best bet would be to retain legal counsel ASAP.

Rob Denton is up...
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2 Answers | Asked in DUI / DWI for North Carolina on
Q: Is there a statute of limitations on dwi in NC?

It has been more than two years since I was charged

Bill Powers
Bill Powers answered on Sep 10, 2018

No. The NC Supreme Court JUST ruled on that legal issue.

Despite what many legal scholars consider to be the clear language of the N.C.G.S., the Supreme Court found the North Carolina General Assembly could never have intended an end result and dismissal of charges for the State's failure...
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2 Answers | Asked in Traffic Tickets for North Carolina on
Q: Prayer for Judgement ?

I live in North Carolina and haven't had any traffic violations in the past seven years. I was clocked going 74 in a 55 mph zone. Can I file a Prayer for Judgement and what would be entitled to pay if I can. Will I have points added to my license?

Bill Powers
Bill Powers answered on Aug 29, 2018

GREAT QUESTION

How Should I Handle My Traffic Ticket? Should I go to Driving School? What is an PJC? What does Continued Judgment mean? What are Insurance Points? What are Motor Vehicle Points? What is the difference? Should I retain a lawyer?

Consider the Following:...
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2 Answers | Asked in Car Accidents for North Carolina on
Q: In north carolina can i drive my car with no bumper. All lights work and are intact
Bill Powers
Bill Powers answered on Aug 26, 2018

GREAT QUESTION

You've stumped this lawyer. North Carolina seems to focus on safety equipment such as lighting, brake lights, windshield wipers (if it's raining), etc. If a bumper wasn't properly affixed/attached and/or about to fall off, law enforcement likely could conduct a stop....
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2 Answers | Asked in DUI / DWI for North Carolina on
Q: can I contact the court

In 2001 I received a DWI while driving through Pasquotank county, NC. I hired a lawyer at the time to represent me because I was overseas still have a copy of the power of attorney, I never heard anything and assumes case was handled. I recently retired and live in Texas and found out the case was... Read more »

Bill Powers
Bill Powers answered on Aug 24, 2018

GREAT QUESTION

Call that lawyer up and get the file re-activated. They're in the best position to know what happened.

It's possible (although a bit unusual) the matter was handled by waiver, but things like Community Service, Fines, Costs of Court, etc., were never paid. If a...
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2 Answers | Asked in Traffic Tickets for North Carolina on
Q: How can I get a continuance for a speeding ticket in North Carolina? The court date is this Tuesday, cant get off work.
Bill Powers
Bill Powers answered on Aug 20, 2018

Legal counsel may be the easiest way to proceed, as in many traffic citations, a NC Traffic Attorney may be able to appear on your behalf.

Best bet, retain an experienced attorney in Forsyth County ASAP. Clark Dummit practices up there. Super nice fellow. Please say “hey” if you...
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2 Answers | Asked in DUI / DWI for North Carolina on
Q: MIC laws in North Carolina

My friend and me were at a concert and were given a MIC. Two of us were NOT asked to blow. Two of my others were told to blow, and they did. We were not explained ANYTHING and we are not from North Carolina we don’t know how anything works in NC. We are from SC. AND I’am a half of week from... Read more »

Bill Powers
Bill Powers answered on Aug 20, 2018

GREAT QUESTION

By “MIC” one would assume the inquiring is referencing an Underage Possession of Alcohol charge. In Charlotte, we have different legal options. It makes sense to speak with an experienced Mecklenburg County Criminal Defense Attorney.

You may benefit from taking...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Can you be charged for felony breaking and entering the building of a coin opperated landry mat that is open to the publ
Bill Powers
Bill Powers answered on Aug 13, 2018

GREAT QUESTION

That's certainly interesting. More information would likely be helpful, especially regarding what happened once inside the coin-operated laundry.

Given all the different possibilities, it likely is going to take a longer conversation with a lawyer to review things...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: I need to get an ID for my job but I have an order for arrest for Litter/not 15lbs and violation of court order for not

I went to magistrates office and they told me to just get it taking care of and let me go. will I be arrested at the DMV office getting an ID

Bill Powers
Bill Powers answered on Aug 13, 2018

Good Question

Normally DMV doesn't arrest people for the outstanding process (OFA Order for Arrest or Criminal Summons).

I have heard of cases where they've (DOT/DMV) called law enforcement, especially if someone drove on a revoked license or appears impaired at the DMV Office....
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Cops mistakenly returned evidence to me

a meth pipe with residue was in my car. they charged me with possession sched 2 and drug paraphernalia. but when i got car out of impound, the pipe was still in it. so if they don't have physical evidence, do they have a case? should i refuse the plea and ask them to produce evidence during trial?

Bill Powers
Bill Powers answered on Aug 10, 2018

GREAT QUESTION

First and foremost, Rockingham NC is still somewhat "small town" NC. Law enforcement, even in Richmond County NC, can and do review internet postings.

So it makes sense to limit public posts Justia or other legal message board, especially regarding very specific...
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1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Was buying a car had it insured used my tags to test drive the car from my other car was in accident got fictiactious ta

The car was totled and since then i bought another car with new tags.. Will it be dismissed?

Bill Powers
Bill Powers answered on Aug 10, 2018

Need more info, specially the nature and type of the criminal charges or NC traffic ticket.

IF it involves some sort of "unsafe movement" violation in Orange County NC, there may be legal options available. In Mecklenburg County, we often present proof of insurance coverage for the claim...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Hello. On the 4th of July I went to a railroad bridge to jump off and swim. What is the normal punishment for this type

I got a trespassing on railroad right of way ticket. What will be the normal punishment for this. I have no other previous charges before this. Is there anyway I could get this dropped?

Bill Powers
Bill Powers answered on Aug 9, 2018

GOOD QUESTION

Need more info. Are you asking for info on NC criminal laws?

We've had success in the past obtaining a favorable result with trespassing cases; but, a LOT depends on the nature and circumstances of the offense.

The DA's Office also considers things like...
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2 Answers | Asked in Car Accidents for North Carolina on
Q: Failure to yield right of way while making a left turn to a car engaged in an unlawful maneuver. Is this negligence?

My husband was hit by a car passing to the right of cars stopped at an intersection on a one lane road as he was making a left turn. He was found to be partially negligent. Does the right of way rule apply to a car engaged in making an unlawful maneuver?

Bill Powers
Bill Powers answered on Aug 7, 2018

That's a bit complicated. More info into the specifics would be helpful and the best way to do that is a formal consultation with Durham County lawyer.

North Carolina is one of the few remaining states in the entire country that still has CONTRIBUTORY NEGLIGENCE. Indeed, there are several...
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2 Answers | Asked in Criminal Law for North Carolina on
Q: Under new NC expungement laws is a deferred prosecution considered a dismissal ? And can I get it expunged ?

1 prior expungement

Bill Powers
Bill Powers answered on Aug 7, 2018

GREAT QUESTION

Deferred prosecution is a methodology of getting a dismissal. One would want to confirm, upon the completion of the program and it's individual requirements, the dismissal is actually entered.

Thereafter, assuming the record is properly updated in the AOC...
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